The defendant's appeal is dismissed.

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (one year and six months of imprisonment) is undue.

Judgment

If there is no change in the conditions of sentencing compared to the original judgment in the appellate court, and the sentencing of the original court is not beyond the scope of reasonable discretion, it is reasonable to respect

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As regards the Defendant, there is no significant change in the sentencing conditions compared to the lower court.

The fact that the crime of this case was committed in the attempted crime, the victim reported, and the defendant left the defendant's house after escape, and the defendant also stated about the crime of this case, the defendant recognized the crime of this case and took an attitude to repent of the mistake. The fact that part of the damage was compensated at the court below stage and the victim did not want the punishment for the defendant, etc. should be considered as favorable to the defendant.

However, these circumstances seem to be sufficiently considered in the judgment of the court below which sentenced the lowest punishment within the scope by reducing the statutory penalty once.

Rather, the crime of this case was committed by the Defendant, an employee of an entertainment drinking club, led the Defendant to the Defendant’s house, and tried to suppress and rape the victim by putting the victim into a scambling, leaving the scambling, but the victim strongly resisted, and thus, the crime was not committed in light of the motive, background, means and methods of the crime.

Although rape had been committed in attempted crimes, if the victim's resistance was weak, the victim could have been able to do so, and the victim seems to have suffered a considerable physical or mental suffering.

On March 22, 2019, the defendant attempted to rape a woman who is a main point of view and had been sentenced to a suspended sentence of three years in one year and six months due to the crime of rape, but the judgment became final and conclusive.